WARIS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) The appellant herein1 was arraigned as an accused in connection with FIR bearing Crime No. 98 of 2018 dated 24th Apri [Hereinafter, referred to as "accused-appellant".], 2018 registered at Police Station Piploda, District Ratlam for the offences punishable under Ss. 302, 201, 376(2)(i), and 376AB of the Indian Penal Code, 1860 [Hereinafter, being referred to as 'IPC'.] and Ss. 5/6 of the Protection of Children from Sexual Offences Act, 2012 [Hereinafter, being referred to as 'IPC'.]. The charge against the accused-appellant was of subjecting his own step-daughter being Musst. 'A' to sexual assault and then throttling her to death. The prime witness of the incident was none other than the mother of the child victim and wife of the accused-appellant, namely, Smt. Salma Bi (PW-1). A charge sheet was filed against the accused-appellant for the aforesaid offences in the Court of Second ASJ and Special Judge (POCSO Act), Jaora, District Ratlam, Madhya Pradesh [Hereinafter, being referred to as 'trial Court'.] where Special Case No. 3 of 2018 came to be registered on 18/6/2018.

(3.) The matter was posted by the trial Court for consideration of arguments on charge on 21/6/2018, on which date, advocate engaged by the accused-appellant appeared and refused to plead on his behalf. On this, the accused-appellant requested that he may be given some time to address the argument on charge because he would be engaging another counsel to represent him in the trial. The matter was thereupon, deferred to 2/7/2018. On that date, Advocate Mr. Mohd. Ahmad Khan put in appearance on behalf of the accused-appellant and was permitted to file his vakalatnama. On the same day, the trial Court framed charges against the accused- appellant for the offences punishable under Ss. 376(2)(f), 376(2)(i), 376(2)(n), 376AB, 302 and 201 of the IPC and Ss. 5/6 of the POCSO Act. The accused-appellant abjured his guilt and claimed trial. The trial Court posted the matter on 6/7/2018 for fixing the calendar of trial.